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All Journal Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Lex Journal : Kajian Hukum dan Keadilan
suyikati
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Law, Crime, Criminology & Criminal Justice

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Determining The Company Debt Threshold In Order To Determine Bankruptcy Status suyikati
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i2.1187

Abstract

The Indonesian Bankruptcy Law has not been based on a philosophy that should be in accordance with the principles of the Bankruptcy Principle itself, where the philosophy of the Bankruptcy Law has not been able to explain debtors who have debts greater than their assets. The application of this principle should ideally be a condition for the debtor to be declared bankrupt, where if the debtor is insolvent (the debtor's assets are less than its debts), it is not enough if the debtor stops or fails to pay its debts. If the debtor's assets exceed its debts, then the settlement of the debt and credit should be done through an ordinary civil lawsuit. The application of bankruptcy regulations according to Article 2 of the Bankruptcy Law should not only be based on three aspects, which include the existence of debt, at least two (two) creditors, due time, and collectibles, but also the application of a minimum threshold of capital and assets owned so that the company can be monitored to see if it will be able to rise with the assets and capital it has. Keywords: threshold, company, bankruptcy
KEWENANGAN PENYELESIAN SENGKETA KONSUMEN PERJANJIAN KREDIT MOTOR DALAM PERPEKTIF HUKUM Suyikati
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (502.085 KB) | DOI: 10.25139/lex.v5i2.4579

Abstract

The issue of forced motorcycle withdrawals by leasing companies is of particular concern to regulations that have not yet provided a solution to these problems, considering that the application of standard agreements has its own weaknesses, consumer issues handled by BPSK regarding motorcycle withdrawals by leasing parties, resulting in consumers losing control over motorcycles but BPSK does not have a big role in carrying out legal actions and its authority is still limited and its decisions still do not have executorial legal force, seeing this many phenomena the Constitutional Court issued Constitutional Court Decision No.18/PUU-XVII/2019 this decision gives a lot perceptions about the procedure for withdrawing vehicles that are fiduciary guarantees, one of which is the right to execute through the courts, but execution without trial is allowed on the condition that the debtor acknowledges a default. This means that the Court only examines article 15 paragraph 2 while the Obj The guarantee certificate has actually been transferred unilaterally, meaning that it is legal for the creditor to make a withdrawal with reference to the contents of the main agreement between the creditor and the debtor and article 1338 of the Civil Code. Keywords: Authority. Dispute, motorbikes, Law
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